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Chronicles

The story behind the story

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AT&T says it will no longer exempt HBO Max from mobile data caps starting March 25, after a US court upheld CA's net neutrality law; change will apply beyond CA

- AT&T will no longer exempt viewing of its HBO Max streaming service from data caps after a federal court upheld California's …

CNBC Lauren Feiner

Context & Ripple Effects

AT&T had already used data-cap exemptions to favor its own video properties, first through DirecTV’s exempt mobile viewing and later by placing HBO Max in its sponsored-data program while rival streaming services continued to count against caps. FCC scrutiny of the DirecTV arrangement had previously identified the practice as a potential net-neutrality problem.

The court decision upholding California’s law now coincides with AT&T ending the HBO Max exemption not only in California but more broadly, reversing a long-running distribution advantage for its owned streaming service.

First-order effects

  • HBO Max viewing on AT&T mobile plans will begin counting toward subscribers’ data caps on March 25, removing a usage-cost advantage AT&T had provided to the service.
  • AT&T changes its sponsored-data treatment beyond California following the court’s validation of California’s net-neutrality law.

Second-order effects

  • Netflix, Disney+, and other streaming services no longer face the specific disadvantage of competing against an HBO Max offer whose mobile viewing was exempt from AT&T data caps.
  • AT&T’s move weakens the commercial value of carrier-controlled zero-rating as a way to steer mobile video consumption toward affiliated services.

Third-order effects

  • If carriers respond similarly to enforceable state net-neutrality rules, competition in mobile video shifts further toward service quality and subscription terms rather than preferential data-cap treatment.
  • The reversal reinforces a regulatory model in which state-level net-neutrality enforcement can shape nationwide carrier policies when providers choose a single broader approach.

The trend: State net-neutrality enforcement is narrowing carriers’ ability to use data caps to favor affiliated digital services.

Discussion

  • @evan_greer Evan Greer on x
    LOL here's AT&T complaining about not being able to offer zero rating scams due to the California #netneutrality law. Maybe someone should ask them why they have arbitrary data caps to begin with? https://www.attpublicpolicy.com/ ...
  • @pt Parker on x
    Everyone whose ever done business with AT&T understands their customer-first approach. Boo to courts for saying this is technically “illegal.” https://twitter.com/...
  • @johnhendel John Hendel on x
    AT&T on sponsored data: “Given that the Internet does not recognize state borders, the new [CA] law not only ends our ability to offer California customers such free data services but also similarly impacts our customers in states beyond California” https://www.attpublicpolicy.co…
  • @richlightshed Rich Greenfield on x
    Another “brilliant” move by California — making consumers pay more to stream video 🤦‍♂️ #netneutrality is actually hurting consumers now https://www.attpublicpolicy.com/ ...
  • @reckless Nilay Patel on x
    This is so shady, AT&T only ever confirmed to The Verge that it was giving HBO Max preferential treatment over Netflix after they first tried to get me to edit the question out of podcast interview with an exec and I said no https://www.theverge.com/...